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(영문) 수원지방법원 2014.10.02 2013구합10824
수용보상금증액
Text

1. The Defendant’s KRW 1,439,312,940 for the Plaintiff and 5% per annum from December 18, 2012 to May 26, 2014.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Bogeumjari Housing Project (hereinafter referred to as the “instant project”): The defendant on June 3, 2009

(b) The Central Land Tribunal’s ruling on expropriation by November 16, 2012 - Cases subject to expropriation: Obstructions indicated in the attached Form 2 (hereinafter “instant obstacles”): each of the obstacles in the instant case and business losses related thereto (hereinafter “each obstacles in each of the instant cases, etc.”) - An appraisal corporation on December 17, 2012: a dialogue appraisal corporation and a central appraisal appraisal corporation (hereinafter “appraisals on expropriation”): a dialogue appraisal corporation and a central appraisal corporation (hereinafter “appraisals on expropriation”).

C. Determination by the Central Land Tribunal on March 22, 2013 - Compensation: Each entry in the appraisal corporation and the national appraisal corporation (hereinafter referred to as “adjudication appraiser,” and each appraisal result is referred to as “adjudication appraisal”) [based on recognition], entry in Gap’s 1, 2, and Eul’s 1 through 3 (including the number of branches if the number of pages is available), and the purport of the whole pleadings, as shown in the attached compensation details.

2. The plaintiffs' assertion and judgment

A. The Plaintiff’s compensation following the adjudication and appraisal on each of the obstacles of this case is based on the appraisal of individual factors, such as not reflecting benefits irrelevant to the instant project or comprehensively assessing each of the obstacles of this case, and thus does not reach a reasonable amount of compensation. The compensation calculated according to the market price appraisal of appraiser A (hereinafter “court appraiser”) of this court falls under a reasonable amount of compensation. Thus, the Defendant should additionally pay the difference between the compensation and the compensation determined in the appraisal of the court’s appraisal.

B. Evidence, court appraisal, and the purport of the entire pleadings submitted by one party to the judgment.

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